The Coral Gables Times

Over Undug Canal Gibbys Get Go Ahead; Suit Is Filed

A group of property owners along Coral Gables' famous undug canal have decided to claim ownership of it. Their action is in response to a suit filed last week by the City to establish its claim to the land. Mrs. Dory Auerbach, of 701 Paradiso Ave., leader of the dissident group, said Monday that they have not yet been served with legal papers on the city's suit, filed by City Attorney Ted Semple in Circuit Court Jan. 4. Balking property owners hope to show in their answer to the suit that they, and not the City, rightfully own the land. The suit lists 35 individuals and a corporation. Located parallel to Parma and Paradiso Avenues and between Granada Boulevard and Orduna Drive, the 100-foot strip of land was to have been sold by the city to abutting property owners following an apparently successful meeting with them back in December. Meanwhile, Semple began researching the history of the canal and advised the Commission that a suit would be necessary to "quiet" the title and establish the City's claim. But some of the owners, including Mrs. Auerbach and Mrs. Mabel Gibby, 808 Parma Ave., claim that the City offered them the land free last year. City officials deny this. They say they offered to deed the property over to them, but never free. Monday, Mrs. Gibby received approval from the Zoning Board to build an addition to her home 27 feet from the canal setback rather than the normal 35 feet. But she will need City Commission approval before she can obtain a permit. Mrs. Gibby fought a long, losing battle with the City in attempting to build the addition five feet from the undug canal line. Here is the list of abutting property owners listed as plaintiffs in the City's suit: Paul and Ena Fischer; Maurice M. and Emma Greenfield; H. L. and Eva. O. Pressly; George J. and Flora Rosen; William S. and Rebecca Baren. Sidney and Eleanor H. Richman; Irving and Mildred Berman; J. F., Jr., and Jean Elizabeth Swidal; Bernard E. and Flora D. Supworth. Joel S., Jr., and Beverly Rosenthal Jr.; Dory and Hortense Auerbach; Sam and Mildred Lubin. Nathan and Johanna Turner; Ruby Kirkland; John F. and Mabel Gibby; Stanley N. and Laurana Simpson. Leo and Bernice Minkoff; Sam and Pauline Hussein; and the Travis Co., a Florida Corp.

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